MEMORANDUM OF UNDERSTANDING CITY OF SANTA CRUZ AND SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716

Transcription

1 MEMORANDUM OF UNDERSTANDING CITY OF SANTA CRUZ AND SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716 September 26, 2015 September 20, 2019

2 MEMORANDUM OF UNDERSTANDING CITY OF SANTA CRUZ AND SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716 September 26, 2015 September 20, 2019 TABLE OF CONTENTS SECTION TERM... 1 SECTION PREAMBLE... 1 SECTION NO ABROGATION OF RIGHTS... 1 SECTION UNION/MANAGEMENT RELATIONS Association Use of City System... 1 SECTION UNION RECOGNITION/AGENCY SHOP Recognition Payroll Deduction Agency Shop Union Notification... 3 SECTION FULL UNDERSTANDING, MODIFICATION, WAIVER... 3 SECTION NO DISCRIMINATION... 3 SECTION WORK WEEK/SHIFTS/ASSIGNMENTS Hour/Week Schedule Work Week Shifts Time Released Hour/Week Schedule Work Week Schedule Job Assignment Fire Prevention Assignment Marine Rescue Captain Assignment... 4

3 8.04 Staffing Shift and Station Bidding Vacancy Bidding... 4 SECTION PERSONNEL ACTION Performance Evaluations Probation Probationary Period Objective of Probationary Period Rejection of Probationary Employee Extension of Probation Personnel Files... 6 SECTION PAY RATES AND PRACTICES Salary Steps Salary Rates Upon Appointment Advancement Within the Range Salary P.E.R.S Employees Hired on or Before September 2, 2011 (Tier I) Employees Hired on or After September 3, 2011 (Tier II) Employees Hired on or After January 1, 2013 (Tier III) Retirement, All Employees Sick Leave Conversion Overtime Hour Work Week Hour Work Week Call Back Holidays Hour per Week Employees Hour per Week Employees Working Out of Classification Special Project Pay Special Detail Bilingual Pay Education Incentive Longevity Paramedic Program Emergency Medical Technician Paramedic Premium Pay for Marine Safety Administrative Captain Rescue Swimmer Assignment and Compensation Haz-Mat Technician Assignment and Compensation On-Call Fire Investigator Assignment and Compensation... 15

4 SECTION SICK LEAVE Definition Accrual Hour Shift Personnel Hour per Week Personnel Paid Status Limitations Sick Leave Incentive Hour per Week Employees Hour per Week Employees SECTION VACATION Accrual hour/week schedules hours/week schedules Illness During Vacation Union Leave Bank SECTION BEREAVEMENT LEAVE SECTION LEAVES OF ABSENCE Unpaid Leaves of Absence Medical or Personal Leave Pregnancy Disability Leave Family Leave Continuation of Insurance Benefits During Unpaid Leaves of Absence Paid Leaves of Absence Paid Birth/Adoptive Leave Military Leave SECTION UNIFORMS, LINENS, AND PERSONAL PROPERTY Uniforms Linens Personal Property SECTION MISCELLANEOUS PROVISIONS Additional Duties Miscellaneous Employment Promotions... 24

5 16.04 Layoff Policy & Procedure Layoffs Bumping Notification Reinstatement Consolidation Merger Tuition Reimbursement Captain/Engineer Promotional Exam SECTION BENEFITS Medical Plan/Flexible Benefits Medical Waiver Benefit Optional Benefits Dental Plan Vision Insurance Retired Health Program Retiree Medical/CalPERS Medical Plan Retiree Medical Incentive Disability Retirement before Eligible Age for Service Retirement Life Insurance Long-Term Disability Principal Domestic Partners SECTION GRIEVANCE PROCEDURE Purpose Definitions Limitations Consolidation Procedures Step I Step II Step III Step IV SECTION DISCIPLINARY APPEALS PROCEDURE Definition Pre-Action Procedure Step I Step II Post-Action Appeal Step III Step IV Firefighters Procedural Bill of Rights Act... 34

6 SECTION WRITTEN REPRIMANDS SECTION SEVERABILITY SECTION RENEGOTIATIONS EXHIBIT A: Statement of Equal Employment Opportunity and Non-Discrimination Policy EXHIBIT B: Discrimination/Harassment Policy Implementation and Complaint Procedure...40 EXHIBIT C: Section 7k Work Periods and Maximum Non-Overtime Hours EXHIBIT D: Santa Cruz Fire Department Policy & Procedures Manual Section 4-13 Vacation Selection Process for Shift Personnel (September 21, 2015). 47 EXHIBIT E: Salary Schedules... 49

7 MEMORANDUM OF UNDERSTANDING CITY OF SANTA CRUZ AND SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716 September 26, 2015 September 20, 2019 SECTION TERM The term of this Memorandum of Understanding (Memorandum) shall commence September 26, 2015 and expire on September 20, SECTION PREAMBLE This Memorandum is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Santa Cruz Firefighters, I.A.F.F. Local 1716 (hereinafter referred to as the Union). For the purpose of this Memorandum, employee shall mean a regular, full-time Firefighter, Fire Engineer, Fire Captain, Deputy Fire Marshal, or Fire Prevention Inspector(s). This Memorandum is subject to Sections of the Government Code of the State of California, the City of Santa Cruz Charter and Municipal Code, and the Santa Cruz Personnel Rules and Regulations. SECTION NO ABROGATION OF RIGHTS The parties acknowledge that the City s responsibilities and rights as indicated in a) Article XI of the Charter, b) current Article 1, Section 1, (Appendix A) of the City s Personnel Rules and Regulations, and c) all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by approval of the terms of this Memorandum. The parties further acknowledge the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum. SECTION UNION/MANAGEMENT RELATIONS A. The Union and management recognize their obligation to provide services of the highest quality and efficiency. To this end, the City and the Union affirm their joint responsibility to endeavor to promote harmonious labor/management relations. B. The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices, reasonably adequate to render employment safe. The Union agrees to assist the City by working in concert with management to encourage employees to work safely Association Use of City System The Union may be permitted to use City for the following purposes: Notice of Union meetings and agendas Notice of Union sponsored events Notice of Union elections Reports from Union committees Rulings and discussion of Union policies Union newsletters Other official Union business as may be necessary and which conforms to the guidelines outlined below. 1

8 No notice or announcement which contains defamatory statements about the City, including any City department, any City official, or any City employee(s) shall be transmitted by City e- mail. The City reserves the right to refuse to allow notices to be sent through the City s system that interfere with the Department s operational needs, workflow, or mission. Any violation of this section shall entitle the City to cancel its provisions and revoke the Union s privilege to use the City s system pursuant to this section. The parties agree to discuss any conflicts that may arise. SECTION UNION RECOGNITION/AGENCY SHOP 5.01 Recognition Pursuant to the Meyer-Milias-Brown Act and the City s Personnel Rules and Regulations, the Union is certified as the recognized employee organization representing regular, full-time Firefighters, Fire Engineers, Fire Captains, Deputy Fire Marshal, and Fire Prevention Inspector(s) Payroll Deduction The City shall deduct Union membership dues and any other mutually agreed upon payroll deductions from the monthly pay of member employees. Deductions must be authorized in writing by the employee on a form acceptable to the City and the Union. The City shall remit such amount to the Union in a timely manner Agency Shop Pursuant to the 1995 Agency Shop election, each employee in the bargaining unit shall contribute to the cost of administration of this Memorandum of Understanding by the Union and for the representation of workers in the bargaining unit by the Union. All employees shall pay either Union membership dues or a service fee reflecting the cost of representation. Such payments shall be made by payroll deduction only. New employees shall authorize either Union membership dues or a service fee within thirty (30) days from date of hire. The City and Union agree that: 1. The Union shall adhere to all statutory and judicial requirements, and to maintain an appropriate complaint procedure. The Union shall also establish alternative procedures for employees who are members of a bona fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting any public employee organization, to make alternative charitable contributions in accordance with Government Code Section The Union will indemnify and hold the City harmless from any and all liability arising out of the implementation and administration of the Agency Shop provision. 3. The Union shall be responsible for enforcing the provisions of this section using appropriate civil procedures. The City is not responsible for disciplining employees for violation of this section. 2

9 5.04 Union Notification Except in cases of bona fide emergencies, the Union shall be given seven (7) working days advance written notification of any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet and confer with the City representative prior to its adoption. SECTION FULL UNDERSTANDING, MODIFICATION, WAIVER This agreement, plus any written departmental rules or regulations sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Union. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence. Changes implemented pursuant to this paragraph shall only be in effect for the duration of the emergency causing the change. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the City and ratified by the membership of the Union. The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. SECTION NO DISCRIMINATION The City and the Union agree to adhere to the City Council policies pertaining to equal employment opportunity and discriminatory harassment as listed in Exhibits A & B, as well as applicable Federal and State discrimination laws. SECTION WORK WEEK/SHIFTS/ASSIGNMENTS Hour/Week Schedule Work Week The work week shall average 56 hours Shifts On-duty shifts shall commence at the hour of 7:00 a.m. and shall be completed at 7:00 a.m. the following day. 3

10 Time Released Employees shall not be released from duty at the end of a shift until the employee is relieved by a shift-employee replacing the position then held by such employee unless otherwise directed by management personnel Hour/Week Schedule Work Week The work week for employees assigned to a 40-hour/week schedule shall typically consist of five consecutive days totaling 40 hours. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief Schedule The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work Job Assignment Fire Prevention Assignment An employee may be temporarily assigned from a fire suppression position to a fire prevention position. Such a temporary assignment may be no longer than six (6) months in duration and an assignment may not occur more than once in a two (2) year period. Assignment duration may exceed a six (6) month period in cases of bona fide medical/disability condition of employee or upon mutual consent Marine Rescue Captain Assignment A Captain may be temporarily assigned from a fire suppression position to the Marine Rescue Division. Captains assigned to the Marine Rescue Program will be allowed to work an alternate 40 hour per week work schedule. This assignment will not exclude this employee from overtime shift work in accordance with Fire Department policies, procedures, and practices. The Marine Rescue Captain Assignment will be in accordance with the parameters set forth in the Santa Cruz City Fire Department Shift and Station Bidding Procedure Staffing Staffing will be in accordance with Policy and Procedure Manual, Article 6, Section #6-5 Equipment Staffing Shift and Station Bidding Shift and Station bidding will be in accordance with the Department s Shift and Station Bidding Procedure Vacancy Bidding Vacancy bidding will be in accordance with Policy and Procedure Manual, Article 4, Section #4-12 Vacancy Bidding. 4

11 SECTION PERSONNEL ACTION 9.01 Performance Evaluations It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. All probationary employees serving their twelve (12) month probationary period will be evaluated at the completion of their sixth (6th) and twelfth (12th) month of service. All other regular employees will be evaluated annually on their merit review date. Evaluations are intended to be a summary of the employee s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at his/her highest capacity and to communicate and document the employee s level of performance. To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee s future development prior to the evaluation being placed in the employee s personnel file. Disputes regarding performance reviews shall not be subject to the grievance process, except that any reduction to the employee s current pay step shall be subject to Section 19.00, Disciplinary Appeals Procedure. Failure of the supervisor to present the employee with the evaluation within ninety (90) calendar days of the due date, unless an extension is mutually agreed upon in writing, shall result in a recommendation of step advancement in conjunction with Section (Advancement Within the Range). However, as soon as possible thereafter, the supervisor shall conduct a performance evaluation in accordance with Section 9.01 (Performance Evaluations) Probation Probationary Period All original, promotional and re-hire appointments shall be subject to a probationary period of twelve (12) months from date of hire or promotion (and up to three (3) additional months if the probationary period is extended in accordance with Section (Extension of Probation) of this memorandum). Any time spent by an employee on unpaid status shall not be counted as qualifying service toward completion of the probationary period Objective of Probationary Period The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee s performance Rejection of Probationary Employee During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur. 5

12 Extension of Probation All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months Personnel Files There shall be only one official personnel file which shall be maintained in the City s Human Resources Department. Employees shall have the right to review their personnel files or authorize, in writing, review by their representatives. No adverse material will be placed in an employee s personnel file without prior notice and a copy given to the employee. Employees may, within thirty (30) days of receipt of these, cause to be placed in their personnel files responses to adverse material inserted therein. SECTION PAY RATES AND PRACTICES Salary Steps The classifications in the unit shall be assigned salary ranges that increase by 6% between steps Salary Rates Upon Appointment New employees shall be hired at the first step of the classification s salary range; unless a higher starting step is recommended by the Fire Chief, based on the employee s advanced qualifications for the position and such recommendation is approved by the Director of Human Resources and City Manager. Promoted employees shall receive a minimum six percent (6%) increase. If such increase does not result in them being placed at least at the first step of the new classification s salary range they will be placed at the first step of the new classification s salary range. If such increase results in them being placed within the salary range of the new classification but between existing steps, they will be placed at the next higher step in the new range Advancement Within the Range A. Advancement within a classification s salary range shall normally be granted on the employee s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation and successful completion of department required training standards. B. Employees are eligible for their first merit increase at the end of the first six (6) months of their twelve (12) month probation. After successful completion of the full probation, the employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the top of the salary range is attained. C. Merit increases shall normally be from one pay step to the next higher pay step. Increases of greater than one (1) step may, however, be recommended by the Fire 6

13 10.02 Salary Chief when exceptional performance has been demonstrated by the employee. Such step increases must be approved by the City Manager. D. A merit increase may be denied by the Fire Chief when an employee s job performance falls below the acceptable work standards for the duties assigned. The Fire Chief may, in such a case, recommend that the employee s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee s original review date shall not change and she/he shall be eligible for the next merit increase after one (1) year on a paid status from the original review date. E. An employee s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status. F. Upon receipt of satisfactory annual evaluation, the effective date for a merit increase shall be the first day of the pay period which includes the employee s merit review date. The 5% salary increase received on July 6, 2013 and the 2% salary increase received on July 5, 2014 shall not expire. Effective the pay period that begins on July 2, 2016, a new top Step G will be added to the Salary Compensation Plan. The new Top Step G shall be six percent (6%) above Step F. Employees will progress to the new Top Step G in accordance with the procedures in Section Advancement Within the Range. Effective the pay period that begins July 14, 2018, the salary for all bargaining unit members shall be increased by an additional one-point-eight-five-percent (1.85%) P.E.R.S Employees Hired on or Before September 2, 2011 (Tier I) This section shall apply to employees hired on or before September 2, 2011, who are contributing members of CalPERS. A. Final Compensation Based on the Single Highest Year For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the single highest year, defined by CalPERS as any consecutive one-year period with the highest average pay rate and special compensation. B. 50 Pension Formula The 50 pension formula shall be available to all employees covered by this section who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section

14 C. Required Employee Contribution Members covered by this section will contribute the employee contribution amount established by CalPERS for the 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU. D. Additional Required Employee Contribution In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section will contribute an additional 3.0% (total 12.00%) Employees Hired On or After September 3, 2011 (Tier II) This section shall apply to employees hired on or after September 3, 2011 and prior to January 1, 2013 who are contributing members of CalPERS. A. Final Compensation Based on Three Year Average For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the employee s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation. B. 55 Pension Formula The 55 pension formula shall be available to all employees covered by this section who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section C. Required Employee Contribution Members covered by this section will contribute the employee contribution amount established by CalPERS for the 55 pension formula. The required contribution amount was 9.0% as of the date of this MOU. D. Additional Required Employee Contribution In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section will contribute an additional 3.0% (total 12.00%) Employees Hired On or After January 1, 2013 (Tier III) This section shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS. A. Final Compensation Based on Three Year Average For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the employee s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation. B. 57 Pension Formula The 57pension formula shall be available to all employees covered by this section who are contributing new members of CalPERS. Additionally, the 8

15 City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section Employees covered by this section who are classic members as defined by CalPERS may be eligible for a different pension formula. C. Required Employee Contribution Members covered by this section will contribute the employee contribution amount established by CalPERS for their pension formula. The required contribution amount for the 57 was 12.25% as of the date of this MOU. In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS. D. Additional Required Employee Contribution In addition to the required employee contribution, starting with the pay period beginning July 6, 2013 members covered by this section will contribute an additional 3.0% (total 15.25%) Retirement, All Employees The City will maintain the IRS 414(h)(2) provision (for tax purposes only) allowing the employee to defer State and Federal income taxes on their CalPERS contributions Sick Leave Conversion The City s contract with CalPERS includes the service credit for unused sick leave (Section 20965). The Parties agree that the City will take all administrative steps necessary to conduct an actuarial study to allow employees the choice of selecting the CalPERS service credit option for employees retiring with at least twenty years of regular service and the ability to also elect to convert a maximum of 1,500 hours of their accrued sick leave (banked and unbanked) in 100 hour increments to an additional 1% contribution by the City towards the cost of their retiree medical benefits as defined by Sections (Retiree Medical Plan) and (Retiree Medical Incentive) of this memorandum. For example, the maximum conversion of 1,500 hours would equal a 15% increase in the City s contribution towards a retiree medical plan for a maximum 90% contribution. All restrictions and requirements of sections and apply to this sick leave incentive option including, but not limited to eligibility and plan availability Overtime Hour Work Week Overtime is additional time worked in excess of an employee s regular work shift. Overtime shall be paid at one and one-half (1 1/2) times the base rate of pay. FLSA overtime is defined as all hours required by Management and actually worked by the employee, in excess of the maximum non-overtime hours allowed in the work period. (See 9

16 Exhibit C for a listing of work periods and the maximum non-overtime hours for each work period.) FLSA overtime shall be compensated in money at one and one-half (1½) times the employee s regular rate. The regular rate shall be as defined in the FLSA. The City has the right to decide whether or not the Section 7 (k) exemption, as provided by the FLSA, shall apply. The City also has the right to select the work period, as defined by the FLSA. Firefighters, Fire Engineers, and Fire Captains, may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank at the rate of one and one-half time the hours worked. Employees compensatory time bank shall not exceed ninetysix (96) hours. The use of compensatory time off shall be in accordance with Fire department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D). At the end of each fiscal year, employees may receive payment for a maximum of fortyeight (48) hours of accrued compensatory time and/or carryover accrued compensatory hours to the new fiscal year Hour Work Week Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one a one-half (1½) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1½) times the hours worked. Employees covered by the Fair Labor Standards Act shall be entitled to FLSA overtime which is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City. FLSA overtime is compensated in pay or compensatory time off at one and one-half (1½) times the employee s regular rate of pay. The regular rate shall be defined in the FLSA. A forty (40) hour employee with accrued compensatory time off shall be permitted to use such time within a reasonable period after making the request unless such time off will unduly disrupt the operations of the department. Compensatory time off shall not be allowed to accumulate beyond one hundred twenty (120) hours at any given time. At the end of each fiscal year, employees may receive payment for a maximum of sixty (60) hours of accrued compensatory time and/or carryover accrued compensatory hours to the new fiscal year Call Back Call back is defined as any time an employee is directed to work and actually works for a period not contiguous with his/her regular shift. Employees so directed shall be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see 10

17 Section to determine applicable overtime rate). Up to one-half (½) hour will be paid for travel on emergency callbacks. Notwithstanding the foregoing, any employee called back to work by reason of a shifttrade between employees within the bargaining unit shall not receive the premium set forth herein Holidays Hour per Week Employees Employees shall receive a bank of 192 hours of holiday pay on the first day of the pay period that includes July 1 of each year. This amount will be pro- rated for new hires. Pursuant to Fire Department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D), employees may use accrued holiday leave. Alternately, holidays shall be paid at a straight time rate. If paid, a separate check shall be issued for 96 hours (less any hours used to date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June. Upon separation, employees shall receive the value of their unused accrued holiday leave. Accumulation of holidays shall not exceed 192 hours Hour per Week Employees Employees shall receive a bank of 88 hours of holiday pay on the first day of the pay period that includes July 1 of each year. During fiscal years when Christmas and New Year s Day are on or between Tuesday through Saturday, employees shall be credited with 88 hours. In fiscal years where Christmas and New Year s Day are on a Sunday or Monday, employees shall be credited with 80 hours. This amount will be prorated for new hires. Pursuant to City policy, employees may use accrued holiday leave. Alternately, if paid, a separate check shall be issued for up to 40 hours in years we do not have the Christmas Eve or New Year s Eve half day holidays, or 44 hours in the years with the half-day holidays (less any hours used to-date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June. Upon separation, employees shall receive the value of their unused accrued holiday leave. Accumulation of holidays shall not exceed 88 hours. In addition, 40-hour per week employees shall accrue up to twenty-four (24) hours of floating holiday per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month). Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued floating holiday. Accumulation of floating holidays shall not exceed twenty-four (24) hours. 11

18 10.07 Working Out of Classification The term working out of classification is defined as a management-authorized assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification. Pay for working out of classification shall be as follows: 1. Employees so assigned will receive acting pay beginning the first day or shift of the assignment. 2. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain shall be made for a minimum of six hours. 3. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain, shall at a minimum, be paid a rate equal to a formal promotional assignment or 6% above the base rate. In accordance with the Public Employees Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are New Members of CalPERS, as defined by California Government Code Section (f) Special Project Pay A special project is a specific and unique assignment which exceeds the normally assigned duties and responsibilities of the employee s job classification. Special projects typically require specialized knowledge, skills, education, training, abilities and/or responsibilities outside the scope of those normally required of the respective job classification. Special projects may be employee initiated, or developed by the department. When appropriate, the department will post available special project assignments. All qualified employees may request an available special project. The Fire Chief or his/her designee shall select the most qualified and/or appropriate candidate from amongst those requesting the assignment. Employees proposing a particular special project may be given preferential consideration during the selection process for that respective special project. The Fire Chief may assign up to ten (10) employees to special projects. Such assignments shall be made in writing and shall specifically state the expected outcome. The Fire Chief and the assigned employee shall discuss the project and mutually decide progress milestones and objectives. If mutual agreement cannot be reached, then the progress milestones and objectives shall be determined by the Fire Chief. Special projects may be terminated at the discretion of the Fire Chief. An employee, so assigned by the Chief, shall receive 2.5% of his/her base pay while actually working on such project. Special project pay does not affect, nor is it included in sick and vacation or other leaves of absence. These assignments will be included in PERS computations. A listing of all current special projects and the respective employee(s) assigned each project, shall be maintained in the Fire Administration office. Said listing shall be made available to the Union and any employee upon request. 12

19 10.09 Special Detail Special detail is defined as an assignment in which the City is reimbursed by an event s sponsor, through the Finance Department, for fire services. Firefighters, Fire Engineers, or Fire Captains assigned to cover special detail will be paid a minimum of four (4) hours overtime at one and one-half (1½) times their hourly rate Bilingual Pay The City shall provide payment of five percent (5%) of base salary when the City certifies an employee as qualified and the position requires the use of bilingual language skills. This provision does not apply to the City translator Education Incentive Employees will be eligible for one of the following education incentives when the listed requirements have been met for that level and a request for the incentive has been sent to the Fire Chief for review and approval: I. Two percent (2%) of base salary (one of the following): a. AA/AS Degree b. Sixty (60) units of college credit and actively pursuing job related college work c. State Fire Marshal s Company Officer Certification or Fire Officer Certification d. Successful completion of the following courses: i. Company Officer 2a: Human Resource Management ii. Company Officer 2b: General Administrative Functions iii. Company Officer 2c: Fire Inspections and Investigations iv. Company Officer 2d: All Risk Command Operations v. Company Officer 2e: Wildland Incident Operations vi. Instructor I: Instructor Methodology vii. Instructor II: Instructor Development viii. Instructor III: Instructor Program Management ix. S-290: Intermediate Fire Behavior (classroom version) x. S-231: Engine Boss II. Four percent (4%) of base salary (one of the following): a. BA/BS Degree b. State Fire Marshal s Chief Fire Officer Certification or Chief Officer Certification c. Successful completion of the following courses: i. Chief Fire Officer 3a: Human Resource Management ii. Chief Fire Officer 3b: Budget & Fiscal Responsibilities iii. Chief Fire Officer 3c: General Administration Functions iv. Chief Fire Officer 3d: Emergency Service Delivery Responsibilities v. ICS-300: Intermediate ICS for Expanding Incidents (classroom version) vi. S-404: Safety Officer vii. S-330: Strike Team Leader viii. S-234: Ignition Operations ix. S-270: Basic Air Operations x. L-380: Fireline Leadership xi. L-336: Tactical Decision Making in Wildland Firefighting 13

20 Course equivalencies for required courses are acceptable from recognized training organizations like, but not limited to, State Fire Marshal, CalFire, National Fire Academy, Federal Emergency Management Agency, Emergency Management Institute, US Forest Service, California Specialized Training Institute, National Wildfire Coordinating Group, and the International Association of Firefighters. If the above listed courses are no longer offered, an equivalent course will be substituted upon mutual agreement of the Fire Chief and Local 1716 President Longevity Upon completion of six (6) years of continuous regular service, employees shall receive a 2½% longevity pay increase. Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional 2% longevity pay increase for a total of 4.5%. Effective July 2, 2016, upon completion of twenty (20) years of continuous regular service, employees shall receive an additional 2% longevity pay increase for a total of 6.5%. Effective July 1, 2017, upon completion of twenty-two (22) years of continuous regular service, employees shall receive an additional 2% longevity pay increase for a total of 8.5%. Effective July 14, 2018, upon completion of seventeen (17) years of continuous regular service, employees shall receive an additional 2% longevity pay increase for a total of 6.5%. Effective July 14, 2018, employees who have completed twenty (20) years of continuous regular service shall receive a total of 8.5% longevity pay increase. Effective July 14, 2018, employees who have completed twenty-two (22) years of continuous regular service shall receive a total of 10.5% longevity pay increase Paramedic Program A. Each employee who is licensed by the State of California, accredited by the County of Santa Cruz as a paramedic, and assigned to front-line or support duty shall be eligible for paramedic pay. B. Paramedic pay shall be an amount equal to 10% of top step Firefighter salary. C. The department will make every effort to ensure continuing education will be provided on duty. However, subject to approval of the Fire Chief, continuing education may be provided off duty, compensated by approved overtime or compensatory time off. D. Support medic pay shall be an amount equal to seven percent (7%) of base salary Emergency Medical Technician Each employee who is certified in the County of Santa Cruz as an Emergency Medical Technician-D shall be compensated an additional 3% of employee s base salary. (EMT-D pay will not be payable to those employees receiving paramedic pay.) 14

21 10.15 Paramedic Premium Pay for Marine Safety Administrative Captain Paramedic premium pay for the Marine Safety Administrative Fire Captain will be ten percent (10%) of the top-step pay of the firefighter position Rescue Swimmer Assignment and Compensation The Rescue Swimmer program will be administered in accordance with Santa Cruz Fire Department policies and procedures. Employees designated as Rescue Swimmers in accordance with departmental policies and procedures will receive an incentive equal to five percent (5%) of their base salary Haz-Mat Technician Assignment and Compensation Employees designated as haz-mat technicians in accordance with departmental policies and procedures will receive an incentive equal to five percent (5%) of their base salary On-Call Fire Investigator Assignment and Compensation On-call Fire Investigator assignments will be made in accordance with Santa Cruz Fire Department Policy and Procedure Manual Article #2, #B2-4 (On-Call Fire Investigator Assignment). Compensation for on-call Fire Investigator assignments is as follows: A. For every weekday covered, a stipend equal to 1 ½ hours of C step Deputy Fire Marshal pay shall be provided. B. For every weekend day covered (24 hour period) a stipend equal to 2 hours of C step Deputy Fire Marshal pay shall be provided. C. For every City designated 8-hour holiday covered (24 hour period), a stipend equal to 4 hours of C step Deputy Fire Marshal pay shall be provided and an additional 4 hours will be credited to the employee s accrued compensatory time balance. D. For every City designated 4-hour holiday covered (24 hour period), a stipend equal to 2 hours of C step Deputy Fire Marshal pay shall be provided and an additional 2 hours will be credited to the employee s accrued compensatory time balance. E. When an on-call Fire Investigator is dispatched or activated, the pay rate will revert to 1 ½ the employee s base pay rate as emergency call back. SECTION SICK LEAVE Definition The purpose of this section is to provide paid leave time to be used by employees in the event of a non-work related illness, injury, preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, or the medical necessity of others as specified below. Sick leave shall not be construed to be a privilege, 15

22 which an employee may use at his/her discretion, but shall be allowed only in case of necessity herein set forth Accrual Hour Shift Personnel All 24-hour shift personnel shall accrue sick leave at the rate of 12 hours for each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay Hour per Week Personnel All 40-hour per week personnel shall accrue such leave at the rate of 8 hours of each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay Paid Status An employee must be on paid status at least 50% of the working hours of a pay period to earn sick leave for that period Limitations A. To receive compensation while absent on sick leave, the employee shall notify his/her immediate supervisor in the manner provided in the departmental rules and regulations. B. Where absence is for more than two 24-hour shifts, the employee shall furnish proof of illness as may be required by the Fire Chief. For 40-hour week employees, the Fire Chief may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized. In cases of chronic absenteeism or medical work restrictions, the Director of Human Resources may have an employee examined by a City-selected physician. The City shall pay the cost of any such medical exam. C. Up to 72 hours for 24-hour shift personnel and 48 hours for 40-hour week personnel of accrued sick leave per fiscal year may be used when the employee s personal attendance is required to care for an immediate family member who is ill or injured, or for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault or stalking. Immediate family is defined as parent, spouse, child, father, mother, brother, sister, registered principal domestic partner, step-father, step-mother, grandparent, grandchild, or close relation residing in the employee s household. This seventy-two (72) or forty-eight (48) hour limitation may be extended by the City Manager with good cause. 16

23 11.04 Sick Leave Incentive Hour per Week Employees 56-hour per week employees who have accumulated sick leave above 900 hours as of December of each calendar year, will be able to choose among the following options: 1. To receive a cash pay-off of all hours in excess of 900 at the rate of 33% of their current rate of pay. 2. To bank all hours in excess of 900. Banked hours may not later be converted to cash, and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option Hour per Week Employees 40-hour per week employees who, as of December 31 of each year, have accumulated more than 400 hours of sick leave will be asked to choose among the following options: 1. To receive a cash pay-off of all hours in excess of 400 at the rate of 33% of their current rate of pay. 2. To bank all hours in excess of 400. Banked hours may not later be converted to cash and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option. Employees who have an excess of 400 hours of unbanked sick leave at the time of separation from the City will be paid-off for these excess hours at the rate of 33% of the employee s current rate of pay. SECTION VACATION Vacation accrual will be on a monthly basis beginning at date of hire. Accumulated vacation time may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the City Manager or Director of Human Resources. Upon authorization by a Battalion Chief, a probationary employee may use accrued vacation leave. The Vacation Selection Process for Shift Personnel will follow Article #4-13, revised September 21, 2015, of the Santa Cruz Fire Department Policy and Procedure Manual (see attached Exhibit D) Accrual An employee must be in paid status at least 50% of the working hours of a pay period to earn vacation for that period. Annual vacation accrual shall be based on continuous regular service, as follows: hour/week schedules Up to 5 years (inclusive): 80 hours for each year of continuous regular service 6 to 10 years (inclusive): 120 hours for each year of continuous regular service 11 or more years: 120 hours for each year of continuous regular service, plus 8 hours for each additional year of continuous regular service after ten (10) years to a maximum of 160 hours per year. 17

24 hours/week schedules Up to 5 years (inclusive): 12 hours for each month of continuous regular service 6 to 10 years (inclusive): 18 hours for each month of continuous regular service 11 or more years: 18 hours for each month of continuous regular service, plus one hour for each additional year of continuous regular service after ten (10) years to a maximum of twenty-four (24) hours per month Illness During Vacation An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect, shall have the period of illness charged against sick leave and not vacation leave Union Leave Bank 1. Transfer of Accrued Vacation to Union Leave Bank In the first full pay period of January of each year, each active bargaining unit employee will contribute to the Union Leave Bank by donating six (6) hours of his/her accrued vacation leave (four (4) hours for forty (40) hour per week employees). The contribution will be deducted from each employee s accrued vacation leave, and the total dollar value of those hours, using the employee s actual hourly rate, will be credited to the Union Leave Bank. Unless an employee has at least six (6) vacation hours available (four (4) hours for forty (40) hour per week employees), no deduction will occur nor will a deduction occur at any time prior to the next calendar year leave bank transfer. In addition, employees hired during the year will have no deduction until the following calendar year s leave bank transfer. Employees separating employment during the year will receive no credit for or return of the hours contributed to the Union Leave Bank. The number of hours deducted from each employee s accrued vacation leave may be adjusted from year to year as necessary with written notification from the Union to the City. 2. Carry Over of U nused Funds If there are any unused amounts in the Fire Union Leave Bank at the end of the fiscal year, these amounts will carry over to the following year. 3. Usage of the Union Leave Bank When a bargaining unit employee has received the appropriate approval to be absent from his/her scheduled shift(s) to attend conferences related to a unionrelated function, payment of the employee(s) wages covering for the shift(s) will be made from the Union Leave Bank. The employee will be paid at an FLSA adjusted overtime rate. No acting pay will be added to the union coverage overtime rate. There will be no compensatory time bank established for this purpose. Coverage time will be paid time. The employee absent from work on union business shall receive pay for their regularly scheduled shifts. 18